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General: Elder Lawyer - Problems with DH

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      CommentAuthorJudithKB*
    • CommentTimeJul 21st 2010
     
    My DH and I have consulted an Elder Lawyer to establish a trust and get our affairs in order. My DH has been cooperative so far, but there is a new twist that concerns me. I got an e-mail from the lawyer that will be working with us and she stated that my DH will need to consult with another attorney to obtain a "Certificate of Independent Review" because of his condition and because he wants to leave everything to me and not leave anything to his two sons who have either ignored him or treated him and me with total disrespect. Has anyone had this type of problem???
    I don't know if I can talk him into seeing a second attorney because he doesn't think all of this illegal stuff is necessary.
  2.  
    I think this is a normal suggestion, given the circumstances. If he will not agree to see another attorney, I would think your attorney could and probably should, at least mention his two sons - maybe leave a very small amount - or something - just so it is known they were not "forgotten".
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      CommentAuthormary75*
    • CommentTimeJul 21st 2010
     
    I'd try to get your husband to agree in order to forestall any problems in the future.
    It might be worth the expense to get your present lawyer to talk to your husband. I find that doctors and lawyers could get my husband to see things more clearly than when I tried - a sort of built-in resistance as to "who's boss in this house."
    One thing I do know is that you need to protect yourself, especially since the sons have already exhibited bad behavour.
    • CommentAuthorkathi37*
    • CommentTimeJul 21st 2010
     
    I had to do this to change one sentence in our trust..the elder law attorney could not do it legally..conflict of interest or something. It was an easy fix, and not very $$.
    • CommentAuthorCharlotte
    • CommentTimeJul 21st 2010
     
    My dad dealt with me and his children by his first marriage by putting in his will: 'and to the children xxx (our names) I leave my love'. An attorney I consulted said that is the legal way to disown children.
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    Judith, I agree that you need the attorney to tell your husband that he should ask another attorney to come and represent him, or let this attorney represent your husband and you get another attorney. Also, to prevent a legal mess, your husband SHOULD name his children as Charlotte mentioned, and leave them $1.00 each and also state that should they contest the will that they will receive nothing.

    If the children are not mentioned in the will, they can fight the will and get something....in most states.

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